James City County Officer Is 'Pretty Upbeat'

Shooting, Death Under Investigation

November 12, 2003|By APRIL TAYLOR Daily Press

James City County Investigator Dale Burden was released from Sentara Norfolk General Hospital on Monday, three days after he was shot in the forehead during a drug arrest that left the suspect, Charles Steven Berkley, dead at the scene.

Police department spokesman Maj. Stan Stout said that Burden has no mental impairment and is able to walk and get around. Burden hopes to be back to full duty in three months.

"He seems to be doing pretty good, seems pretty upbeat, but he says he's awful tired," Stout said. "He's requesting that the media give him and his family some peace and quiet. When he is able, he will make a public statement."

Burden, 35, was shot in the forehead when he and Lt. Charles Braman, of the Colonial Narcotics Enforcement Task Force, attempted to arrest Berkley on drug distribution and gun charges.

Berkley resisted arrest and began struggling with the two police officers.

In the midst of the struggle, Berkley reached into the right front pocket of his pants and pulled out a .380-caliber semiautomatic handgun, police said.

Both officers saw the gun and were able to get control of his hand with the gun in it, Stout said, based on reports from witnesses and the police officers involved.

The gun went off once, and Berkley was shot in the head. The bullet passed through Berkley's head and went into Burden's forehead, Stout said.

The shooting occurred at Heritage II mobile park on Judy Drive in Grove, the home of Berkley's brother, Keith. Police say Keith Berkley believes his brother was trying to shoot himself, but Stout said the officers believed the suspect was trying to shoot them.

"We may never know what his intent was," said Stout.

"Whether he was intentionally trying to shoot himself" or shoot the officers, he said, "we don't know and we may never know, but it's never a good thing when you're within inches of two police officers to pull a gun."

Neither officer ever drew a weapon. Berkley died at the scene.

Berkley, 25, had been arrested numerous times on drug distribution and violating probation charges.

Burden was rushed to the hospital where he underwent surgery to remove the bullet from his head.

Stout said an investigation of the shooting continues. Police officers, dispatchers and rescue squad workers were all part of a debriefing of the incident Monday, he added.

"It's part of the healing process in dealing with the situation," he said.

April Taylor can be reached at 223-5685 or by e-mail at ataylor@dailypress.com